How much should be paid for a work related injury caused by a broken foot that immobilizes the steel

Labor Ability Appraisal Disability Rating of Work-related Injuries and Occupational Diseases of Employees "Level 9 Item 23 After fracture internal fixation, there is no functional impairment.

The reference assessment is grade 9 disability.

Grade 9 disability and work-related injury insurance benefits include:

1.Medical expenses shall be paid by work-related injury insurance**, and if the employer does not apply for work-related injury insurance, the employer shall pay the full amount;

2.During the period of suspension of work and salary (** period, ** period), the salary shall be paid according to the original treatment (need to be appraised by the Labor Ability Appraisal Committee);

3.If nursing care is required during the suspension period, the unit shall be responsible; Those who do not need care will no longer be paid.

4.During hospitalization, food subsidies and transportation expenses are issued according to local standards, which vary slightly from place to place;

5.Workers' compensation: (provided that the disability level is assessed by the Labor Ability Appraisal Committee).

1) Those who continue to perform the labor contract shall enjoy a one-time disability subsidy in accordance with the provisions of the Regulations on Work-related Injury Insurance. For example, a grade 9 work-related injury is 9 months' salary.

2) If the labor contract is dissolved or terminated, you can also enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability. The specific amount is set locally, and the amount of compensation varies from region to region, so you can consult the local labor and social security administrative department.

The unit is required to declare the determination of work-related injury, and then do the appraisal of the labor ability level to determine the level of disability. claim compensation according to the corresponding level; Including medical expenses, hospital meal subsidies, transportation and lodging expenses, assistive device expenses, original wages during the period of suspension of work, living care expenses, one-time disability subsidies, one-time medical subsidies for work-related injuries and disability employment subsidies, labor ability appraisal fees, etc.

If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer shall submit an application for recognition of work-related injury to the human resources and social security bureau of the district or county where the employer is located within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the employee himself/herself, his/her close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for determination of work-related injury to the district or county human resources and social security bureau where the employer is located.

Legal Analysis: The level of disability needs to be determined in order to determine the standard of compensation.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work should seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injury meet the standards of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service department, it shall be paid from the work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees** non-work-related injuries caused by illnesses are not entitled to work-related injury medical treatment, and shall be handled in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

According to what you said, you can first go to the appraisal agency to identify the work-related injury, and the specific compensation expenses include: one-time disability allowance, living care expenses, medical expenses, nursing expenses, transportation expenses, **** expenses, hospitalization food subsidies, and disability assistive device expenses.

Article 36 of the Labor Contract Law If an employee is identified as a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard shall be: 18 months' salary for Grade 5 disability and 16 months' salary for Grade 6 disability; (2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work.

If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability, 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance fees due to the employee in accordance with the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

According to what you said, you can first go to the appraisal agency to identify the work-related injury, and the specific compensation expenses include: one-time disability allowance, living care expenses, medical expenses, nursing expenses, transportation expenses, **** expenses, food subsidies for hospitalization, and disability assistive devices.

The Social Insurance Law of the People's Republic of China on Repentance and Return

Article 39.

The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

In line with the provisions of the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 10" and "12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body" shall be assessed as Grade 10 disability.

According to the provisions of Articles 30, 33, 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees who are identified as having a Grade 10 disability shall enjoy the following benefits in addition to the wages and benefits of work-related injury medical treatment and the period of suspension of work

1. A one-time disability subsidy paid by work-related injury insurance** is 7 months' salary;

2. When the labor relationship is dissolved or terminated, the work-related injury insurance shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment subsidy.

If the unit does not participate in the insurance, it shall be paid by the unit.

Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of the employees in the overall planning area, it shall be calculated according to 60% of the average salary of the employees in the overall planning area.

1.It is recommended to obtain compensation through the work-related injury procedure instead of commercial insurance, according to the described injury, combined with the relevant provisions of the "Disability Grade of Work-related Injuries and Occupational Diseases of Employees in the Labor Ability Appraisal" GB T 16180-2014, the disability level is about 9-10 grades, and the specific results depend on the appraisal conclusion of the expert group of the Labor Ability Appraisal Committee;

2.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to apply for labor ability appraisal, and then obtain disability compensation, if the unit does not apply, the individual employee must apply within one year from the date of injury;

3.If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;

4.If you don't understand anything, you can call 12333 directly to consult the local labor department.